When the matter came up for hearing before a three bench of Justices Shantanagoudar, N.V. Ramana and Ajay Rastogi, the former recused to hear the matter.
The court asked Kumaraswamy and others to appear before it in person on October 4.
With Karnataka Chief Minister B S Yediyurappa announcing a CBI probe into the alleged phone tapping case during the previous JD(S)-Congress coalition government, former Chief Minister H D Kumaraswamy on Sunday said he was ready for a probe by even an international agency.
On Wednesday, disqualified JD(S) MLA from Hunsur, A H Vishwanath who had served as the JDS state president and turned rebel later, accused the previous government of tapping phones and spying on more than 300 leaders including him.
The Chief Minister moved the confidence motion on July 18 to prove majority after the 14-month fledgeling JD-S-Congress coalition government was reduced to minority following the resignation of 15 rebel legislators of the ruling combine and withdrawal of support by two Independents in the 225-member Assembly, including one nominated without voting right.
The three-judge bench headed by Chief Justice Ranjan Gogoi will hear the joint petitions the Congress and the Janata Dal-Secular (JD-S) filed on July 19, challenging its July 17 interim order that their 15 rebel legislators who resigned would not be compelled to attend the Assembly for the floor test although it defies their whip and hence disqualify them under the anti-defection law (10th Schedule of the Constitution).
Two days of efforts to woo back the rebel MLAs after the government defied on July 19 two deadlines set by Governor Vajubhai Vala to prove majority appeared to have fallen flat as the lawmakers hunkered down in a Mumbai hotel asserted they would not return and rejected allegations they were held captive.
CM HD Kumaraswamy and south actress Radhika secretly got hitched in 2006 and announced only in 2010.
Karnataka Chief Minister HD Kumaraswamy was asked prove his majority on the floor of the Karnataka Legislative Assembly on or before 6:00 pm today. Nearly 100 BJP legislators had spent the night in Karnataka Assembly on Thursday, which will resume operations at 11:00 am on Friday. The MLAs were served Masala Dosa and curd rice. Many went to sleep early after a long day in the House due to heated exchanges and acrimonious scenes in the House.
The legislators had 'masala dosa' and curd rice for supper in the assembly lounges. Many went to sleep early after a long day in the House due to heated exchanges and acrimonious scenes in the House, as the ruling combine was reportedly delayed in going through the crucial vote.
With nine Congress and three JD-S rebels staying at a five-star hotel in Mumbai along with the two Independents, the ruling allies will not have the numbers required to win the trust vote if moved and put to vote in the 225-member Assembly, including one nominated but has no voting right.
Karnataka Chief Minister HD Kumaraswamy on Friday had told Speaker KR Ramesh Kumar that he was ready to seek a trust vote or face a no-confidence motion if the BJP moves it against him during the 10-day monsoon session till July 26. This comes in view of the resignation filed by 16 rebel legislators of the ruling Congress-Janata Dal (Secular) (JD-S) allies.
The letter signed by 10 MLAs said they have heard that Kumaraswamy , Shivkumar and others are going to storm the hotel premises they are staying in and they feel threatened by this.
The BJP workers in Dharwad staged protest on Tuesday demanding the resignation of Chief Minister HD Kumaraswamy. They also demanded formation of BJP government in Karnataka. Meanwhile, in the national capital Delhi, the Congress staged a walkout in Lok Sabha after accusing the BJP of indulging in "politics of poaching" in Karnataka.
Maharashtra BJP legislator Prasad Lad earlier said the 14 MLAs left the luxury hotel in Mumbai where they were put up at 5 pm on Monday.
Politics in Karnataka has continued to be in a turmoil for the last couple of days, with hectic parleys by the ruling alliance in intra and inter mode. Stay tuned to this space as we bring to live and latest updates on the Karnataka crisis.
The total strength of the JD(S)-Congress coalition after Nagesh's withdrawal is 117 (Congress-78, JD(S)-37, BSP-1 and Independents-1) besides the Speaker.
Nagesh, who was recently inducted into the ministry as small scale industries minister, met Governor Vajubhai Vala at the Raj Bhavan here and submitted the letter.
Congress ministers have resigned voluntarily to enable a reshuffle of the Karnataka cabinet and make way for the disgruntled legislators. Stay tuned to this space as we bring to you live and latest updates on the Karnataka crisis.
Karnataka Chief Minister H.D. Kumaraswamy on Friday cried foul over the Union Budget's proposal to cut the state's share of Goods and Services Tax (GST) in fiscal 2019-20.